BILL NUMBER: SB 1832	CHAPTERED  09/28/00

	CHAPTER   790
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 27, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 21, 2000
	AMENDED IN SENATE   MAY 30, 2000
	AMENDED IN SENATE   APRIL 26, 2000
	AMENDED IN SENATE   APRIL 6, 2000
	AMENDED IN SENATE   MARCH 27, 2000

INTRODUCED BY   Senator Chesbro

                        FEBRUARY 24, 2000

   An act to add and repeal Division 10.5 (commencing with Section
12200) of the Public Resources Code, relating to forest resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1832, Chesbro.  Forest legacy program.
   Existing law contains a finding and declaration by the Legislature
that the forest resources and timberlands of the state are among the
most valuable of the natural resources of the state and that there
is great concern throughout the state relating to their utilization,
restoration, and protection.
   This bill would enact the California Forest Legacy Program Act of
2000, pursuant to which the California Forest Legacy Program would be
established to conserve private forest lands.  The bill would permit
the Department of Forestry and Fire Protection to acquire
conservation easements of eligible properties according to criteria
contained in the bill.  The bill would also permit federal and state
agencies, local governments, and nonprofit land trust organizations
to hold conservation easements acquired pursuant to the program.  The
provisions of the bill would be repealed on January 1, 2007, unless
a later enacted statute deletes or extends that date.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Division 10.5 (commencing with Section 12200) is added
to the Public Resources Code, to read:

      DIVISION 10.5.  CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2000
      CHAPTER 1.  General Provisions
      Article 1.  Title

   12200.  This division shall be known and may be cited as the
California Forest Legacy Program Act of 2000.

      Article 2.  Findings and Declarations

   12210.  The Legislature hereby finds and declares all of the
following:
   (a) Privately owned forest lands comprise nearly half of
California's 32.6 million acres of forest land, and include some of
the state's most important and productive forest resources, including
timber, fish and wildlife habitat, and watersheds.  It is in the
interest of the state to provide a favorable climate for long-term
investment in forest resources.
   (b) The importance of private forest lands to California's economy
and environment has been recognized for many years, and more
recently for almost three decades by the Z'berg-Nejedly Forest
Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of
Part 2 of Division 4), the California Timber Productivity Act  of
1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5 of the Government Code), and other statutes and
policies.
   (c) California's private forest lands and woodlands are threatened
by continued population growth and changes in land use patterns,
including parcel size reductions, residential and commercial
development, and by changes in forest cover.
   (d) Heirs of forest landowners frequently find it necessary to
harvest their timber prematurely and excessively, in order to pay
estate taxes that can account for up to 55 percent of an estate's
value.
   (e) Continuing statewide population growth, existing land use and
tax policies, regulations, and other factors create significant
pressure for an increase in development conversions in forest lands
of environmental and economic significance.
   (f) Conservation easements have been successfully used around the
United States to achieve voluntary protection of open space,
historical sites, and natural and aquatic resources.
   (g) Conservation easements enable landowners to receive financial
benefits for voluntarily restricting specific development rights and
land that, in turn, contributes to the conservation of natural
resources for future generations.  Financial benefits to landowners
can be realized though a sale or donation, or a combination of both a
sale or donation, or a conservation easement.
   (h) A program to encourage and make possible the long-term
conservation of forest lands and all associated natural resources is
a necessary part of the state's land protection policies and
programs, and it is in the public interest to expend money for that
purpose.
   (i) Funding is a necessary component of this program.
   (j) The federal Forest Legacy Program (16 U.S.C. Sec. 2103c)
conserves forestland threatened with conversion and development by
providing federal matching funds for the acquisition of conservation
easements or other interests in land from willing landowners, subject
to state guidelines.
   (k) The state completed the "California Forest Legacy Program
Assessment of Need" in 1995 following an extensive analysis and
widespread public input.  That assessment was submitted to and
accepted by the United States Department of Agriculture.
   12211.  It is the intent of the Legislature, in enacting this
division and the California Forest Legacy Program, to protect forest
lands and aquatic resources in California by focusing on all of the
following priorities:
   (a) Encouraging the long-term conservation of productive forest
lands by providing an incentive to owners of private forest lands to
prevent future conversions of forest land and forest resources.
   (b) Protection of wildlife habitat, rare plants, and biodiversity.

   (c) Maintenance of habitat connectivity and related values needed
to ensure the viability of wildlife populations across landscapes and
regions.
   (d) Protection of riparian habitats, oak woodlands, ecological old
growth forests, and other key forest types and seral stages that are
poorly represented across landscapes and regions, and that play a
key role in supporting biodiversity.
   (e) Protection of water quality, fisheries, and water supplies.
   (f) Maintenance and restoration of natural ecosystem functions.
   (g) Encouraging improvements to enhance long-term sustainable
forest uses while providing forest areas with increased protection
against other land uses that conflict with forest uses.

      Article 3.  Definitions

   12220.  Unless the context otherwise requires, the definitions in
this article govern the construction of this division.
   (a) "Applicant" means a landowner who is eligible for cost-sharing
grants pursuant to the federal Forest Legacy Program (16 U.S.C. Sec.
2103 et seq.) or who is eligible to participate in the California
Forest Legacy Program and the operation of the program, with regard
to that applicant, does not rely on federal funding.
   (b) "Biodiversity" is a component and measure of ecosystem health
and function.  It is the number and genetic richness of different
individuals found within the population of a species, of populations
found within a species range, of different species found within a
natural community or ecosystem, and of different communities and
ecosystems found within a region.
   (c) "Board" means the State Board of Forestry and Fire Protection.

   (d) "Conservation easement" has the same meaning as found in
Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of
Division 2 of the Civil Code.
   (e) "Conversions" is a generic term for situations in which forest
lands become used for nonforest uses, particularly those uses that
alter the landscape in a relatively permanent fashion.
   (f) "Department" means the Department of Forestry and Fire
Protection and "Director" means the Director of Forestry and Fire
Prevention.
   (g) "Forest land" is land that can support 10-percent native tree
cover of any species, including hardwoods, under natural conditions,
and that allows for management of one or more forest resources,
including timber, aesthetics, fish and wildlife, biodiversity, water
quality, recreation, and other public benefits.
   (h)  "Landowner" means an individual, partnership, private,
public, or municipal corporation, Indian tribe, state agency, county,
or local government entity, educational institution, or association
of individuals of whatever nature that own private forest lands or
woodlands.
   (i) "Local government" means a city, county, district, or city and
county.
   (j) "Nonprofit organization" means any qualified land trust
organization, as defined in Section 170(h)(3) of Title 26 of the
United States Code, that is organized for one of the purposes of
Section 170(b)(1)(A)(vi) or 170(h)(3) of Title 26 of the United
States Code, and that has, among its  purposes, the conservation of
forest lands.
   (k)  "Program" means the California Forest Legacy Program
established under this division.
   (l)  "Woodlands" are forest lands composed mostly of hardwood
species such as oak.

      Article 4.  Administration

   12230.  The department shall carry out the California Forest
Legacy Program.  Nothing in this division alters the department's
responsibility for the administration of state, federal, or private
funds that are allocated for the purpose of protecting private forest
lands and all associated natural resources.
   12231.  Nothing in this chapter grants any new authority to the
department to affect local policy or land use decisionmaking.

      CHAPTER 2.  CALIFORNIA FOREST LEGACY PROGRAM

   12240.  The California Forest Legacy Program is hereby
established.  The department may acquire conservation easements by
entering into a contract with the Wildlife Conservation Board to
administer the purchase of conservation easements.  The California
Forest Legacy Program may also include those activities eligible for
funding under the federal Forest Legacy Program (16 U.S.C. Sec.
3103c), and the state program shall be coordinated with the federal
program to the maximum amount possible.
   12241.  Money to fund the California Forest Legacy Program shall
be obtained from gifts, donations, federal grants and loans, other
appropriate funding sources, and from the sale of general obligation
bonds pursuant to the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley
Act) (Chapter 1.692 (commencing with Section 5096.300) of Division
5) and made available for appropriation pursuant to paragraph (4) of
subdivision (a) of Section 5096.350.
   12242.  The implementation of the program includes the costs
associated with the purchase or facilitated donation of conservation
easements, technical assistance provided by the department,
technology transfer activities of the department, and administrative
costs incurred by the department in administering the program.
   12244.  Easements acquired under this program may be held by
federal, state, or local government entities or by nonprofit land
trust organizations.  The director shall find that any recipient of a
conservation easement is qualified to monitor and enforce the terms
of the easement.
   12245.  The director shall not disburse any funds until the
applicant agrees to both of the following:
   (a) That any conservation easement acquired shall be used by the
applicant only for the purpose for which the funds were requested.
   (b) That the director shall find that any disposition of the
easement is consistent with, and in furtherance of, the purposes of
this division, that the recipient of the easement is qualified to
monitor and enforce the easement, and that the conservation
provisions of the easement remain in effect following the transfer.
   12246.  If a local, state, or national government agency or
nonprofit land trust organization holding the easement is dissolved,
the easement shall be transferred to an appropriate public or
nonprofit land trust organization that is qualified to monitor and
enforce the easement.
   12247.  The easement, or any of its terms, may only be amended
with the consent of all of the necessary parties to the easement.
The department shall determine that the amendment is consistent with
this division.
   12248.  The director shall not disburse any funds unless the
applicant agrees to restrict the use of the land in perpetuity.
   12249.  The board shall adopt rules and regulations for the
implementation of this division, including the standards, criteria,
and requirements necessary for acquiring conservation easements.
   12249.5.  Rules or regulations adopted by the board pursuant to
this section shall be adopted in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
   12249.6.  The department shall review, and approve or disapprove,
applications from landowners for the acquisition of conservation
easements on forest lands or woodlands.

      CHAPTER 3.  ELIGIBILITY CRITERIA

   12250.  Every application for the acquisition of a conservation
easement shall provide sufficient information to enable the
department to verify the parcel's eligibility for the program and to
understand the conservation objectives and the parcel's environmental
value or potential to protect forest and aquatic resources.
   12250.5.  In reviewing applications pursuant to this division, the
department shall determine whether the proposed conservation
easement meets the eligibility and selection criteria set forth in
this chapter and conforms with any rules or regulations adopted by
the department pursuant to this chapter.
   12251.  Proposed conservation easements shall meet the eligibility
criteria set forth in this section prior to review pursuant to the
selection criteria set forth in Section 12260.  To be eligible for
participation, private forest land parcels proposed for protection
under the program shall comply with all of the following:
   (a) Be subject to potential conversion.
   (b) Be owned by landowners who are willing and interested in
selling or donating conservation easements.
   (c) Be forested with at least 10-percent canopy cover by conifer
or hardwood species, or be capable of being so forested under natural
conditions.
   (d) Possession of one or more environmental values of great
concern to the public and the state:
   (1) Important fish and wildlife habitat.
   (2) Areas that can help maintain habitat connectivity across
landscapes.
   (3) Rare plants.
   (4) Biodiversity.
   (5) Riparian habitats.
   (6) Oak woodlands.
   (7) Ecological old growth forests.
   (8) Other key forest types and seral stages that are poorly
represented across California.
   (9) Lands that directly affect water quality and other watershed
values.
   (e) Provision for continuity of one or more traditional forest
uses, such as commodities production or habitat maintenance.
   (f) Possession of environmental values that can be protected and
managed effectively through conservation easements at reasonable
costs.
   12252.  The easement shall not be required as a condition of any
lease, permit, license, certificate, or other entitlement for use
issued by one or more public agencies, including, but not limited to,
mitigating the significant effects on the environment of a project
pursuant to an approved environmental impact report or mitigated
negative declaration pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000)), the Z'
berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with
Section 4511) of Part 2 of Division 4), the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), or pursuant to an approved environmental
impact statement or a finding of no significant impact under the
National Environmental Policy Act of 1969 (42 U.S.C.A. Sec. 4321 et
seq.) or the federal Endangered Species Act of 1973 (15 U.S.C.A. Sec.
1531 et seq.).

      CHAPTER 4.  SELECTION CRITERIA AND PROCESS

   12260.  If the department determines that the proposed
conservation easement meets the eligibility criteria set forth in
Section 12251, the application shall be reviewed based upon the
extent to which it satisfies the following selection criteria:
   (a) The nature of the environmental values proposed for
protection, and whether they can be monitored efficiently and
effectively.
   (b) Whether the parcels are likely to become isolated from other
areas maintained for key forest resources by development on adjacent
parcels.
   (c) Whether the landowner's management goal for his or her parcel
is compatible with the resource protections he or she is proposing.
   (d) Whether the landowner has developed, or commits to developing
by the time the easement is finalized, a management plan equivalent
to, or better than, a forest stewardship plan that governs management
on the parcel.
   (e) Whether a nonprofit land trust organization, public agency, or
other suitable organization has expressed an interest in working
with the department and the landowner to establish, hold, and monitor
the easement.
   (f) Whether other sources of funding for easement acquisition,
closing costs monitoring, and other costs, are available.
   (g) Other relevant considerations established by the director.
   12262.  An applicant shall select and retain an independent real
estate appraiser to determine the value of the conservation easement,
which shall be calculated by determining the difference between the
fair market value and the restricted value of the property.
   12263.   The department shall act on an application for the
acquisition of a conservation easement within 180 days of its
receipt, and shall notify the applicant in writing of approval or
disapproval of the  application within 10 days of the decision of the
department.  The written notice regarding a disapproval decision
shall state the reason for the disapproval of the application.
   12264.   The department may disapprove the application for the
acquisition of a conservation easement in any of the following
circumstances:
   (a) The application does not satisfy the eligibility criteria set
forth in Section 12251 or selection criteria set forth in Section
12260.
   (b) Clear title to the conservation easement cannot be conveyed.
   (c) There is insufficient money in the fund to carry out the
acquisition.
   (d) Other acquisitions have a higher priority.
   (e) Other relevant considerations established by the director.

      CHAPTER 5.  EASEMENT MONITORING AND MANAGEMENT

   12275.  The department, local government entity, or nonprofit land
trust organization acquiring an easement pursuant to this division
shall monitor that easement in order to assess the condition of the
resources being protected and to ensure that the terms of the
easement are being followed.  Entities acquiring easements may also
enter into a cooperative agreement with another qualified entity to
monitor the easement.
   12276.  The department shall ensure that any entity acquiring a
conservation easement acquired pursuant to this division has adequate
funding for, or otherwise adequately provides for, easement
monitoring pursuant to this division, and is able to enforce the
easement if its provisions are not satisfied.

      CHAPTER 6.  MISCELLANEOUS PROVISIONS

   12290.  Commencing on January 1, 2002, and each January 1
thereafter, the department shall report to the Governor and the
Legislature on its implementation of this division during the
preceding calendar year.  The report shall include, but not be
limited to, information concerning applications made pursuant to this
division, participating landowners, easement holders under  Section
12244, and a description of all easements purchased.
   12291.  This division shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
  SEC. 2.  Notwithstanding the repeal of Division 10.5 (commencing
with Section 12200) of the Public Resources Code on January 1, 2007,
by Section 12291 of the Public Resources Code, the Department of
Forestry and Fire Protection shall do both of the following:
   (a) Provide for monitoring of conservation easements purchased
pursuant to former Division 10.5 (commencing with Section 12200) of
the Public Resources Code in order to assess the condition of
resources being protected, and to ensure that the terms of the
easement are being met pursuant to a given conservation easement.
   (b) Annually report to the Governor and the Legislature by January
1 of each year on the number of easements purchased pursuant to
former Division 10.5 (commencing with Section 12200) of the Public
Resources Code, and a description of those easements.
